1989-09
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ø RESOLUTION NO. NE 89-09
A RESOLUTION OF NEW ENCINITAS COMMUNITY ADVISORY BOARD
APPROVING A TENTATIVE PARCEL MAP (89-106-TPM)
FOR PROPERTY BEING THE WESTERLY 111.00 FEET OF THE EASTERLY 333.00
FEET (MEASURED ALONG THE NORTH LINE) OF THAT PORTION OF LOT 12,
RANCHO LAS ENCINITAS, CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
ACCORDING TO MAP THEREOF NO. 848,
AND AS FURTHER DESCRIBED IN ATTACHMENT "A"
WHEREAS, Fred and Nancy Apollo, and Jeff and Julie Huston,
submitted a Tentative Parcel Map application as required by the
City of Encinitas Subdivision Ordinance, for the purpose of
subdividing one .6 acre site into three lots of 6960 sq. ft., 6760
sq. ft., and 7770 sq. ft. respectively; and
WHEREAS, a public hearing was conducted by the New Encinitas
Community Advisory Board on October 2, 1989, as required by law,
. and all persons desiring to be heard were heard.
NOW THEREFORE, BE IT RESOLVED by the New Encinitas Community
Advisory Board of the City of Encinitas, that the proposed
Tentative Parcel Map for property being the westerly 111.00 feet
of the easterly 333.00 feet (measured along the north line) of that
portion of lot 12, Rancho Las Encinitas, City of Encinitas, County
of San Diego, according to map thereof No. 848, and as further
described in Attachment "A", is hereby approved, and that approval
is based upon the following findings:
a. That the proposed map lS consistent with applicable
general and specific plans as specified in Section 65451
of the Subdivision Map Act.
b. That the design or improvement of the proposed
subdivision is consistent with applicable general and
specific plans since the project is in conformance with
- the General Plan designation for the site.
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ø c. That the site is physically suitable for that type of
development, in that the three parcels are proposed to
be developed in single family dwelling units which is
consistent with the R-8 zoning designation and
development standards for the site.
d. That the site is physically suitable for the proposed
density of development, since the topography and design
of the lots can be adequately accommodated as proposed.
e. That the design of the subdivision and the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat, and the project
is exempt from CEQA, Section 15315.
f. That the design of the subdivision or type of
improvements is not likely to cause serious public health
problems, since documentation has been obtained stating
that utilities shall be available for the site.
g. That the design of the subdivision or the type of
improvements will not conflict with easements, acquired
by the public at large, for access through or use of,
. property within the proposed subdivision.
NOW THEREFORE, BE IT RESOLVED that Tentative Parcel Map 89-
106-TPM dated revised August 22, 1989 and received by the City on
September 26, 1989 is hereby approved subject to the following
conditions:
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A PARCEL
MAP IS APPROVED BY THE NEW ENCINITAS COMMUNITY ADVISORY BOARD AND
FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY.
THE PARCEL MAP SHALL SHOW AN ACCURATE AND DETAILED VICINITY MAP,
INCLUDING DISTANCES.
1. GENERAL CONDITIONS
A. This approval will expire on October 2, 1991, at 5:00
p.m. unless the conditions have been met or an extension
has been approved by the Authorized Agency.
B. This approval may be appealed to the authorized agent
. within 15 days from the date of this approval.
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- C. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similarly in nature to the
activity authorized by this permit;
D. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of
Building Permit issuance unless specifically waived
herein.
E. Permits from other agencies will be required as follows:
i. Leucadia Water District
ii. Olivenhain Municipal Water District
G. Project is approved as submitted on the Tentative Parcel
Map dated revised August 22, 1989 and received by the
city on September 26, 1989 or as conditioned herein and
shall not be altered without Planning and Community
Development Department review and approval. A revised
Tentative Parcel Map shall be submitted to the Department
of Planning and Community Development reflecting the
modifications as required and approved herein.
. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
2. SITE DEVELOPMENT
A. For new residential dwelling unit(s), the applicant shall
pay development fees at the established rate. Such fees
may include, but not be limited to: Permit and Plan
Checking Fees, School Fees, Water and Sewer Service Fees,
Traffic Fees, Drainage Fees, and Park Fees. Arrangements
to pay these fees shall be made:
a. Prior to recordation of the final map; or
B. Prior to issuance of a building permit;
as determined applicable by the Planning and Community
Development Department.
B. street names shall be approved by the City prior to the
recordation of the final map, and street addresses shall
be provided prior to the issuance of building permits.
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~ C. Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
D. A plan shall be submitted for approval by the Director
of Planning and Community Development and the Encinitas
Fire Protection District regarding the treatment of the
site during the construction phase, and the circulation
and parking of construction workers' vehicles and any
heavy equipment needed for the construction of the
project.
E. All structures constructed on the site shall be measured
for height from the approved pads as shown on the
Tentative Parcel Map dated revised August 22, 1989 and
received by the City on September 26, 1989.
3. SIGNS
A. Any signs proposed for this development shall be
designed and approved in conformance with the Sign
Ordinance.
B. A comprehensive Sign Program for this development to
. include temporary subdivision advertising signs and any
model home and information signing shall be submitted to
the Community Development Department or Community
Advisory Board for their review and approval prior to
issuance of building permits.
4. ADDITIONAL APPROVALS/CONDITIONS REQUIRED
A. Design Review shall be required ln accordance with
Chapter 23.08 the Design Review Ordinance for the design
of the homes, all fences and walls, landscaping, noise
attenuation measures, and any changes to the grading of
the lots approved on the Tentative Parcel Map dated
revised August 22, 1989 and received by the city on
September 26, 1989, and a standard covenant requiring
said review shall be recorded in the office of the County
Recorder to run with the land for all lots.
B. Prior to close of escrow on each of the parcels shown on
the map dated revised August 22,1989 and received by the
City on September 26, 1989, the developer shall require
that the prospective property owners sign and record the
following statement with the County Recorders Office to
- run with the land, and that the statement be forwarded
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- to the City of Encinitas Department of Planning and
Community Development, to read as follows:
"In purchasing the home on Parcel , at
Olivenhain Road, I am aware of and understand that
said lot has an existing legal non-conforming welding
business adjacent adjacent and to the east of the private
access road for the abovementioned Parcel. I am also
aware that the welding use can legally remain as an
existing non-conforming use in the R-g zone in
conformance with Chapter 30.76 of the City of Encinitas
Zoning Code, and is expected to continue its present
operation for an indefinate period of time."
C. A 6' wood fence shall be constructed on the west, south
and east property lines prior to any construction or road
improvements taking place on the project.
D. Sewers serving more than 1 SFD shall be designed,
installed and certified per public standards.
E. The property owner shall record a covenant with the
County Recorder's office agreeing to complete noise study
to determine what type of noise attenuation barriers or
measures would be necessary, if any, for Parcell on the
. north property boundary fronting Olivenhain Road. Any
noise barrier recommended by the noise study shall be
reviewed by the Community Advisory Board through the
Design Review application process.
APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. FIRE
A. Prior to delivery of combustible building materials on
site, water and sewer systems shall satisfactorily pass
all required tests and be connected to the public water
and sewer systems. In addition, the first lift of
asphalt paving shall be in place to provide adequate,
permanent access for emergency vehicles. Said access
shall be maintained to the satisfaction of the Fire
Department.
B. All designated emergency access roads shall be posted
per the Fire Department.
c. Submit a letter from the Encinitas Fire Protection
District stating satisfaction with the type and location
. of Fire hydrants and the minimum required water flow in
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- gallons per minute together with a letter from the
appropriate agency certifying that the fire department's
minimum required water flow is available to serve the
site. Developer shall install a residential bronze fire
hydrant at the north west corner of private access road
to the site and Olivenhain Road. Fire hydrants shall be
identified by installing a "blue" reflective dot on
street surface as per Fire Department standards.
D. All two-way traffic aisles shall be a minimum of 20 feet
wide and emergency access shall be provided, maintained
free and clear, a minimum of 20 feet wide at all times
during construction in accordance with Fire Department
requirements.
F. All structures shall be protected by fire sprinkler
systems per N.F.P.A. standards, and shall be installed
to the satisfaction of the Encinitas Fire Protection
District.
G. All streets improved to 20' width shall be posted for no
parking on both sides of the street, and signs shall be
posted that read "parking off the street only".
H. Address numbers shall be clearly visible from the street
. fronting the structure. Where structures are located off
a roadway on long driveways, a monument shall be placed
at the entrance where the driveway intersects the main
roadway. Address numbers shall be displayed on this
monument.
1. Applicant shall submit a letter from the Encinitas Fire
Protection District stating that cost recovery fees have
been paid.
APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
6. RECREATION
A. Parkland Dedication in lieu of payment of Park Fees
shall be to the satisfaction of the Community Services
Director and the Director of Public Works and shall be
made prior to final approval of the final map.
B. The developer shall pay the Park Fee at the established
rate at the date of final inspection, or the date of the
certificate of occupancy, whichever occurs later.
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- APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
7. GRADING
A. No grading permits shall be issued for this subdivision
prior to recordation of the final map.
B. The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
C. The grading for this project is defined in Chapter 23.24
of the Encini tas Municipal Code. Grading shall be
performed under the observation of a civil engineer whose
responsibility it shall be to coordinate site inspection
and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 23.24
of the Encinitas Municipal Code.
D. No grading shall occur outside the limits of the
(SUBDIVISION/PROJECT) unless a letter of permission is
obtained from the owners of the affected properties.
E. All slopes within this project shall be no steeper than
2: 1.
. F. A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the State
of California to perform such work prior to final map
approval
8. STREETS AND SIDEWALKS
(The authorized agency may modify City Standards in particular
cases. The application of a request for such modification
must show special circumstances or conditions affecting the
property in question; and that such modification is necessary
for the preservation and enjoyment of a substantial property
right of the applicant; and that the modification will not be
materially detrimental to the public welfare or injurious to
other property in the immediate vicinity in conformance with
the Municipal Code Section 24.12.020.)
A. The developer shall make an offer of dedication to the
City for all public streets and easements required by
these conditions or shown on the TENTATIVE MAP. The offer
shall be made BY A CERTIFICATE ON THE FINAL MAP for this
project. All land so offered shall be granted to the
City free and clear of all liens and encumbrances and
without cost to the city. Streets that are already
. public are not required to be rededicated.
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- B. Olivenhain Road shall be dedicated by the developer along
the subdivision frontage based on a center line to right-
of-way width of 65 feet and in conformance with City of
Encinitas Standards.
C. Reciprocal access and maintenance and/or agreements shall
be provided ensuring access to all parcels over private
roads, drives or parking areas and maintenance thereof
to the satisfaction of the Director of Public Works.
D. Direct access rights for all lots abutting Olivenhain
Road shall be waived on the final map, except for one
access as shown on the Tentative Map.
E. Prior to any work being performed in the public right-
of-way, a right-of-way construction permit shall be
obtained from the Public Works office and appropriate
fees paid, in addition to any other permits required.
F. Plans specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the
City Engineer. Prior to approval of the final map, the
Subdivider shall install, or agree to install and secure
with appropriate security as provided by law,
. improvements shown on the tentative map and the following
improvements to City Standards to the satisfaction of the
City Engineer:
Olivenhain Road to be improved as shown on the Tentative
Map, with 46 foot wide a.c. pavement, concrete curb,
gutter, sidewalks, within a 65 foot wide graded right-
of-way.
G. Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
Prior to close of escrow the developer shall require that
the prospective property owners sign and return the
following statement to the city of Encinitas Department
of Planning and Community Development:
"In purchasing the home on Parcel , I am aware
of and understand that I am agreeing not to oppose the
formation of an assessment district to fund the
installation of right-of-way improvements."
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. H. The design of all private streets and drainage systems
shall be approved by the City Engineer prior to (APPROVAL
OF THE FINAL MAP for this project. The structural
section of all private streets shall conform to City of
Encinitas standards based on R-value tests. The
standard improvement plan check deposit is required.
9. DRAINAGE AND FLOOD CONTROL
A. A drainage system capable of handling and disposing of
all surface water originating within the subdivision, and
all surface waters that may flow onto the subdivision
from adjacent lands, shall be required. said drainage
system shall include any easements and structures as
required by the City Engineer to properly handle the
drainage.
B. The developer shall pay the current local drainage area
fee prior to approval of the final map for this project
or shall construct drainage systems in conformance with
the Master Drainage Plan and City of Encinitas Standards
as required by the City Engineer.
C. Concentrated flows across driveways and/or sidewalks
. shall not be permitted.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
10. UTILITIES
A. The developer shall comply with all the rules,
regulations and design requirements of the respective
sewer and water agencies regarding services to the
project.
B. The Subdivider shall provide separate sewer, water, gas,
and electric services with meters to each of the units.
C. The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
D. All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
E. The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
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. F. As required by the Olivenhain Municipal Water District
each unit shall be metered separately for water; meters
shall be located in the sidewalk or city controlled
right-of-way; and it is suggested that the builder
consider utilizing larger than normal service line size
to the last and possibly the middle residences to improve
flow characteristics due to the distances from the meters
since they will be located near the curb/sidewalk.
11. GENERAL REQUIREMENTS AND APPROVALS
A. Final parcel and tract maps shall conform to City
standards and procedures and the Subdivision Map Act.
B. All provisions of the Subdivision Ordinance of the
Encinitas Municipal Code shall be met as they relate to
the division of land including the standard conditions
of approval as adopted herein.
C. Prior to final map approval or on the final map, all
dedications shall be made and easements granted as
required above.
12. STANDARD MAP CONDITIONS (Chapter 24.16 of the Municipal
. Code)
A. That the subdivider grade and improve or agree to grade
and improve all land dedicated or to be dedicated for
streets or easements, bicycle routes, and all private
streets and private easements laid out on a final map or
parcel map in such manner and with such improvements as
are necessary for the use of the lot owners in the
subdivision and local neighborhood traffic and drainage
needs, and in accordance with the City Standards.
B. That the subdivider install or agree to install all
drainage and flood control structures and facilities
required by the City Engineer, which drainage and flood
control structures and facilities shall conform to the
City Standards and the General Plan.
C. That the subdivider install or agree to install fire
hydrants and connections of a type and location approved
by the Fire Chief and City Engineer.
D. That the subdivider provide all necessary easements and
right-of-way to accommodate all streets, drainage and
flood control structures and facilities, sewer systems,
water systems, cable television and all other required
. utilities extending beyond the boundaries of the
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- subdivision.
E. That the subdivider shall provide for the subdivision to
be connected to a domestic water system approved by the
city and all water system facilities shall be subject to
the requirements of the water company or agency serving
the subdivision. That the subdivider shall install or
agree to install all required water systems necessary to
serve the subdivision, including fire hydrants and
connections as may be required, and that all water lines,
appurtenances and service connections shall be
constructed or laid prior to paving or provisions have
been made to ensure said construction.
F. That, where a sewer facility is constructed or laid
within a street or road, the subdivider has installed or
agreed to install sewer facilities of a type, size and
location approved by the City Engineer to the property
line of each lot within the subdivision and that all
sanitary sewer lines, appurtenances and service
connections have been constructed or laid prior to paving
or provisions have been made to ensure said construction;
and that all sewer system facilities and construction
standards shall be subject to the requirements of the
agency providing service to the subdivision.
. G. That all new and existing utility facilities, including,
but not limited to power, telephone and cable television
conduit and lines within the boundaries of any new
subdivision and within any half-street abutting a new
subdivision, shall be placed underground. The subdivider
is responsible for complying with the requirements of
this subsection, and shall make the necessary arrangement
with each of the serving utilities, including franchised
cable television operators, for the installation of such
facili ties. Transformers, terminal boxes, meter cabinets,
pedestals, concealed ducts and other facilities
necessarily appurtenant to such underground utilities and
street lighting systems may be placed above ground
subject to the subdivider's obtaining a Design Review
Permit. The provisions of this subsection shall not
apply to the installation and maintenance of overhead
electric transmission lines in excess of 34,500 volts and
long distance and trunk communication facilities. This
installation of cable television lines may be waived
when, in the opinion of the City Council, no franchised
cable operator is found to be willing and able to install
cable television lines in the subdivision.
Notwithstanding any such walver, the installation of
cable television conduit is required.
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rIÞ H. That where the City has adopted a flood control element
or drainage element of the general plan, all improvements
shall conform to such element.
1. That the subdivider comply or agree to comply with all
the conditions of approval contained in this resolution
approving the tentative tract map and not otherwise
provided for in Chapter 24.16.
J. That all required improvements conform to City standards
unless specifically waived herein.
3. WAIVERS AND EXCEPTIONS:
Standard conditions to require a street lighting system and
road improvements other than as stated within this resolution
document are hereby waived due to the rural nature of the
surrounding area i the impact that such improvements would
create would be detrimental to the rural area and would create
an adverse impact upon the subject property and surrounding
community. The stated waiver will not be materially
detrimental to the public welfare or injurious to other
property in the immediate vicinity Slnce the waiver will be
consistent with the existing and desired community character
of the immediate vicinity.
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PASSED AND ADOPTED this 2nd day of October, 1989, by the
following vote, to wit:
Ayes: Beck, Quinn, Patton, Colgan, White
Nays: None
Absent: None
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Abstain: None ~.
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~H'm ES ML~A'J ~~~man 0'
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the New Encinitas mmunity
Advisory Board
ATTEST:
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LYnda S. Niles
. Associate Planner
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